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After the New Bill C-69: A Plan, a Directive and then What?

In recent months, the Government of Canada took several steps that may alter the regulatory system for natural resource and infrastructure projects, and "clean growth projects" in particular....more

Environmental Assessment Dispute Resolution Regulations Officially Announced in British Columbia

On 9 July 2024, British Columbia announced that new regulations under the Environmental Assessment Act (EAA or Act) came into force to support the dispute resolution process available to Indigenous nations or the chief...more

Impact Assessment Act Amendments Announced: Many Questions Still Left Unresolved

On April 30, 2024, the Government of Canada announced widely-anticipated amendments to the Impact Assessment Act (IAA or Act) as part of a 663 page omnibus budget bill. Canada announced the 2024 budget with the tagline...more

BC Hydro 2024 Call to Power—Overview of Request for Proposal Documents

On June 15, 2023, the Government of British Columbia announced BC Hydro was proceeding with a call for new sources (the Call to Power) of 100 percent clean, renewable emission-free electricity from large-scale projects,...more

B.C. and Haida Nation Release Haida Title Lands Agreement

On March 28, 2024, British Columbia and the Council of the Haida Nation released the draft Gaayhllxid • Gíihlagalgang “Rising Tide” Haida Title Lands Agreement (“Draft Agreement”) which would recognize Haida Nation’s...more

B.C. $1-Billion First Nations Equity Financing Framework

After much anticipation, on February 22, 2024, British Columbia announced its intention to create a First Nations Equity Financing Framework (Framework) as part of its latest budget and fiscal plan. The Framework aligns with...more

Federal Government Asserts Jurisdiction over Electricity in New Draft Regulations

The Canadian government released its long-anticipated draft Clean Electricity Regulations (Regulations) on August 10, 2023, setting out its approach to mandating a net-zero emissions power grid by 2035. In this note, we offer...more

Electrification of Vehicles, Industry, Prompts BC Hydro's First Call for Power in 15 Years

On June 15, 2023, the Government of British Columbia (the Government or Province) announced that BC Hydro would be moving forward with a call for new sources of 100 percent clean, renewable emission-free electricity, notably...more

Blueberry River First Nation, Treaty 8 First Nations and Province of British Columbia Sign Historic Agreements

On January 18, 2023, the Province of British Columbia (Province) and the Blueberry River First Nation (BRFN) signed the Blueberry River First Nation Implementation Agreement (Implementation Agreement)....more

British Columbia Releases Guidance on Consultation With Indigenous Peoples in Policy and Legislative

On 4 October 2022, the Government of British Columbia released its policy guidance entitled Interim Approach to Implement the Requirements of Section 3 of the Declaration on the Rights of Indigenous Peoples Act (Interim...more

Revisiting Advance Costs for Public Interest Litigation: Beaver Lake Cree Nation Case

On March 18, 2022, the Supreme Court of Canada issued a decision in Anderson v Alberta [Beaver Lake Cree] that elaborates on the test for awarding advance costs to offset the expenses of public interest litigants. The...more

Potential Implications of B.C. Supreme Court Decision: Thomas and Saik'uz First Nation v Rio Tinto Alcan Inc.

On January 7, 2022, more than a decade after the claim was first filed, the B.C. Supreme Court (BCSC) released its decision in Thomas and Saik'uz First Nation v Rio Tinto Alcan Inc. The decision considers the Saik'uz First...more

Blueberry River First Nation and the Government of British Columbia Reach Historic Interim Agreement

On October 7, 2021, the Blueberry River First Nation (BRFN) and the Province of British Columbia (Province) reached an initial agreement in response to the recent court decision in Yahey v British Columbia [Yahey]. The...more

Recent Developments in Aboriginal Law: Cumulative Effects, Equitable Compensation and Duty to Consult

Three important decisions relating to Indigenous peoples across Canada have been issued recently: Yahey v British Columbia, Southwind v Canada and Ermineskin Cree Nation v Canada (Environment and Climate Change). The three...more

Indigenous Persons from the United States May Hold Aboriginal Rights in Canada

On April 23, 2021, the Supreme Court of Canada (SCC) released its decision in R. v. Desautel, 2021 SCC 17, which upheld the lower court decisions to acquit Richard Desautel of charges under the Wildlife Act. The SCC confirmed...more

British Columbia Introduces CleanBC Industrial Electrification Rates and the Facilities Electrification Fund

On January 28, 2021, the Government of British Columbia announced that BC Hydro will offer discounted electricity rates to innovative industrial customers seeking to use clean electricity in qualified “green” operations, as...more

Memorandum of Understanding on Wet'suwet'en Rights and Title—An Ambitious Plan

On May 14, 2020, British Columbia, Canada and the Wet’suwet’en Hereditary Chiefs signed memorandum of understanding (MOU) that establishes a process for the “three equal governments” to negotiate agreements on how to...more

Prosper Rigel Project Decision Overturned: Increased Complication for Project Development

In Fort McKay First Nation v Prosper Petroleum Ltd, 2020 ABCA 163 (Prosper) the Alberta Court of Appeal set aside the Alberta Energy Regulator's (AER) approval of Prosper Petroleum Ltd.'s application for the Rigel bitumen...more

5/4/2020  /  Canada , Energy Sector , Oil & Gas , Petroleum

New Proponent Guide to First Nations and Métis Settlements Consultation Released by Alberta Government

In December 2019, the Government of Alberta (GoA) updated The Government of Alberta's Proponent Guide to First Nations and Métis Settlements Consultation Procedures (the "2019 Guide"), which took effect on January 2, 2020....more

British Columbia's UNDRIP Legislation—A Framework to Advance Reconciliation

On October 24, 2019, the British Columbia (B.C.) government introduced Bill 41 – 2019, Declaration on the Rights of Indigenous Peoples Act, fulfilling its February 2019 announcement that it would table legislation...more

Aboriginal Rights in Canada Can Include Indigenous Persons in the United States

On May 2, 2019, the British Columbia Court of Appeal released its decision in R v Desautel, 2019 BCCA 151. The Court of Appeal upheld the lower courts decisions to acquit Richard Desautel of charges under the Wildlife Act and...more

British Columbia to Introduce UNDRIP Legislation

On February 12, 2019, the British Columbia government announced plans to introduce legislation that implements the United Nations Declaration on the Rights of Indigenous People (UNDRIP) (the Legislation), as part of the...more

B.C. “Revitalized” Environmental Assessment Regime—The Path Ahead

In November 2018, British Columbia passed legislation designed to “revitalize” its Environmental Assessment Act as well as "to ensure the legal rights of First Nations are respected, and the public's expectation of a strong...more

B.C. Releases its Climate Action Plan, CleanBC

On December 5, 2018, the British Columbia government announced its climate action plan, CleanBC, which explains how the government intends to meet the province’s legislated emissions reduction targets (CleanBC Plan)....more

New B.C. Requirements for Lobbyists Come into Effect May 1

On May 1, 2018, amendments to the Lobbyists Registration Act will come into force introducing new requirements and restrictions for in-house and consultant lobbyists (the "Amendments"). The Amendments mark the first set of...more

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